Photographic Community Opposes Instagram Terms of Use

The American Society of Media Photographers, joined by National Press Photographers Association (NPPA), The Digital Media Licensing Association (PACA), American Photographic Artists (APA), This Week in Photography (TWiP), Professional Photographers of America (PPA), Coordination of European Picture Agencies Stock, Press and Heritage (CEPIC), Graphic Artists Guild (GAG) and American Society of Picture Professionals (ASPP), has mounted a campaign to address the far-reaching Terms of Use of the image sharing service Instagram. Since 2010, more than 16 billion images and movies have been uploaded to Instagram. The organizations believe that few of the users who share images on the site understand the rights they are giving away. ASMP has issued “The Instagram Papers,” information in the form of essays and analysis about the Terms of Use in which the key issue is that users should have the ‘right to terminate’ their agreement with Instagram, allowing them to remove permissions for the use of their identities and content at any time.

Specifically, the Terms of Use give Instagram perpetual use of photos and video as well as the nearly unlimited right to license the images to any and all third parties. And, after granting this broad license to Instagram, users also relinquish the right to terminate the agreement. Once uploaded, they cannot remove their work and their identity from Instagram. Additionally, in the event of litigation regarding a photo or video, it is the account holder who is responsible for attorney and other fees, not Instagram.

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.

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